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(영문) 서울동부지방법원 2012.09.13 2012노885
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles as to ① The Defendant committed an act of causing the victim’s body by contingency in order to prevent the victim from sending the decision to nullify the election of the election commission C in writing to all the representatives, and did not intentionally have the victim’s chest for the purpose of causing a sense of sexual shame to the victim. Therefore, the lower court erred by misapprehending the legal principles as to the intent of indecent act by compulsion or indecent act by compulsion or by mistake

② During the process of vagabonds, the victim suffered a scarcity of a chest gurative wall that requires treatment for 14 days prior to the lower judgment as stated in its reasoning.

Even though it can be punished as a crime of injury by negligence, it can not be applied as a crime of injury.

(3) The defendant's act constitutes legitimate self-defense as it aims to respond to undue infringement of the victim.

The appellate brief submitted by the defendant within the lawful appellate period does not include the above three main notes. However, the defendant's defense counsel gives the above arguments on the date of the trial at the trial at the trial at the trial at the court, which is examined ex officio.

B. The lower court’s sentence of unreasonable sentencing (hereinafter referred to as a fine of four million won) is excessively unreasonable.

2. Determination

A. The crime of indecent act by compulsion on the assertion that there was no intention or act by indecent act by mistake or misapprehension of the legal doctrine is included not only in the case of indecent act after the other party made it difficult to resist by means of assault or intimidation against the other party, but also in the case where the act of assault itself is recognized as an indecent act. In this case, as long as the assault does not necessarily require the degree of suppressing the other party’s intent, and the exercise of force against the other party’s will is against the other party’s will, the indecent act by indecent act is objectively committed to the general public.

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